Pak must release Jadhav; India committed: Govt

| | New Delhi
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Pak must release Jadhav; India committed: Govt

Friday, 19 July 2019 | PNS | New Delhi

Pak must release Jadhav; India committed: Govt

Jaishankar informs Parliament about incessant efforts to bring him back

After getting a verdict in its favour in the Kulbhushan Jadhav case by the International Court of Justice (ICJ) on Wednesday, India on Thursday asked Pakistan to release him and reiterated its commitment to vigorously continue efforts to bring him back. The ICJ had ordered review of death penalty to the former Indian Navy officer and directed Pakistan to provide him consular access.

Elaborating on the Government’s resolve to secure Jadhav’s release, External Affairs Minister S Jaishankar said, “Pakistan was found to have deprived India of the right to communicate with Jadhav, have access to him, visit him in detention and arrange his legal representation.”

Making a statement first in the Rajya Sabha and then in the Lok Sabha on Thursday, the External Minister said “Kulbhushan Jadhav is innocent of the charges made against him. His forced confession without legal representation and due process will not change this reality. We once again call upon Pakistan to release and repatriate him forthwith,” he said.

The ICJ on Wednesday directed Pakistan to suspend the death sentence given in 2017 to Jadhav on charges of espionage and sabotage.

“The Government will vigorously continue its efforts to ensure his safety and wellbeing, as well as his early return to India,” Jaishankar said as members cutting across party lines welcomed the ICJ judgment by thumping benches.

Jaishankar noted that Jadhav was awarded a death sentence by a Pakistani military court on “fabricated charges”. This was done without providing Indian representatives consular access to him, as envisaged by international law and practice.

 “We made it clear even at that time that India would view very seriously possibility that an innocent Indian citizen could face death sentence in Pakistan without due process and in violation of basic norms of law and justice,” the Minister said.

To ensure Jadhav’s wellbeing and safety and to secure his release, Jaishankar said India approached the ICJ to seek appropriate relief. “The ICJ delivered its judgment on July 17, 2019. Very significantly, the court unanimously found that it had jurisdiction on the matter and by a vote of 15-1, pronounced on the other key aspects of the case. The dissenting judge was from Pakistan,” he said.

The ICJ pronounced that Pakistan had breached obligations under the Vienna Convention on Consular Relations. “It did so by not notifying India without delay of the detention of Jadhav, thereby depriving us of the right to render consular assistance,” he said.

The Minister also praised senior advocate Harish Salve, who argued India’s case in the ICJ and lauded Jadhav’s family’s courage in these difficult circumstances.

Pakistan, he said, was also found to have deprived India of the right to communicate with Jadhav, have access to him, visit him in detention and arrange his legal representation.

“The court declared that Pakistan is under an obligation to inform Jadhav without further delay of his rights and to provide India consular access to him,” he said.

“It stated that appropriate reparation in this case was for Pakistan to provide, by means of its own choosing, review and reconsideration of the conviction and sentence of Jadhav.”

He said a continued say of execution constitutes an “indispensable condition for the process of effective review and reconsideration.” “Government has made untiring efforts in seeking his release, including through legal means in the International Court of Justice,” he said.

“Yesterday’s judgment is not only a vindication for India and Shri Jadhav, but for all those who believe in the rule of law and the sanctity of international treaties.”

Incidentally, Jaishankar made his debut in the Rajya Sabha fielding queries during the Question Hour. Deputy chairman Harivansh later congratulated him.

Later, the External Affairs Ministry said the verdict is a complete vindication of its stand and it is incumbent on Pakistan to implement the ruling. Stating this, spokesperson Raveesh Kumar said the ICJ judgment is final, binding and without the provision of appeal. On Pakistan’s claim of victory at ICJ, he said Pakistan has its own compulsions to lie to its people.

On the issue of arrest of JuD chief and Mumbai attacks mastermind Hafiz Saeed, Kumar questioned Pakistan’s sincerity in containing terror.

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